Houey et al v. TD Bank, N.A.
ORDER re 40 Suggestion of Bankruptcy Upon the Record: the Court DIRECTS parties to Show Cause in writing by 4/13/2012 whether this case is subject to automatic stay pursuant to 11 U.S.C. § 362 or whether as an action brought by debtor, case may proceed in this forum simultaneously with bankruptcy proceeding. Signed by Magistrate Judge Dennis Howell on 4/2/12. (Pro se litigant served by US Mail.) (ejb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
HELEN CLIETTE HOUEY and
CAROLINA FIRST BANK, TD BANK
On March 14, 2012, Defendant filed a Suggestion of Bankruptcy Upon
the Record [# 40] indicating that Plaintiffs filed for bankruptcy protection
with the United States Bankruptcy Court for the Western District of North
Carolina, Case Number 12-40142. Accordingly, the Court DIRECTS the
parties to Show Cause in writing by April 13, 2012, whether this case is
subject to an automatic stay pursuant to 11 U.S.C. § 362 or whether as an
action brought by the debtor, the case may proceed in this forum simultaneously
with the bankruptcy proceedings. See generally, Martin-Trigona v. Champion Fed.
Sav. and Loan Ass’n, 892 F. 2d 575, 577-78 (7thCir. 1989).
Signed: April 2, 2012